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GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review
U.S. civil litigants faced with an obligation to produce "personal data" protected by GDPR, the European Union's General Data Protection Regulation, can find themselves on the horns of a serious dilemma. In 2019, the first full year since GDPR was enacted, not a single court excused compliance with a discovery request because of GDPR-based objections.
Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. Federal Rule of Civil Procedure 26 revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. Nor do courts appear particularly sympathetic to the burdens associated with fulfilling discovery requests in a way that complies with GDPR.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.